The Equal Employment Opportunity Commission ("EEOC") proposed a rule in February of this year that EEO-1 reports must include employee W-2 earnings and hours worked broken down by gender and race/ethnicity and across 12 pay bands starting from the EEO-1 reports due on September 30, 2017. Such data would be available both to the EEOC and the Office of Federal Contract Compliance for enforcement purposes. The rule was subject to a 60-day notice and comment period, which ended in April 2016. On July 13, 2016, the EEOC released a revised (although substantively similar) proposal for further comment, which adopted specific suggestions provided by commenters, such as moving the due date for the report from September to March 31, 2018, but still requires the disclosure of earnings and hours across pay bands. If adopted, these new reporting obligations will require very substantial data gathering and analysis by companies; as a result, there has been a storm of employer opposition. We will continue to follow this proposed rule and keep you informed.
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